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WPLG Editorial: Mitigation Law Has A Loophole (9/27/01)

John GarwoodIt's commendable that developers are required to "mitigate," or replace wetlands they destroy. But the mitigation law has some serious flaws.

A case in Pembroke Pines illustrates the problem. A mixed-use development, called Pembroke Center, is proposed for land east of I-75, between Pembroke Road and Pines Boulevard. The construction would destroy wetlands. The property owner wants to do most of the mitigation in guess where -- South Miami-Dade County. Only a quarter of what's lost might actually be replaced in Pembroke Pines.

That's allowed because of a loophole in state law. While developers have to mitigate, there's no limit on where they can do so. They're under no obligation to replace the wetlands they destroy in the area they destroy them.

It's an accepted idea that when you make a mess, you clean it up. Channel 10 calls on the Florida legislature to drive that point home with developers -- and close that loophole in the mitigation law.

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